TERMS AND CONDITIONS FOR ACCESS TO AND USE OF THE BLUECITY SERVICE
("TERMS AND CONDITIONS")
WELCOME TO THE BLUECITY SERVICE
Blue c ity permits its members to:
(a) reserve and use Bluecity Service electric automobiles supplied by Bluecity (" Bluecity Cars "); and (b) reserve an electric charging point and parking location (" Bluecity Parking Space ") at a Bluecity Station for a Bluecity Car in a manner set out in these Terms and Conditions (which do contain certain limitations and conditions of usage).
The services described above are together referred to as the " Bluecity Service " and w here these Terms and Conditions refer to a “Member”, this is a reference to you.
Bluecity is currently a corporate member of the “Source London” network of charge points, through which membership its Members are entitled to use the Source London network to charge Bluecity Cars and park at certain Source London parking bays (which qualify as being “ Bluecity Parking Spaces” for the purpose of these Terms and Conditions), subject to compliance with these Terms and Conditions.
These Terms and Conditions form part of the contract between Bluecity and you for your registration as a Member, and any subsequent use by you of the Bluecity Service. Please take particular note of the important information provided below which we would like to highlight to you. You should print a copy of these Terms and Conditions or save them to your computer for future reference. These Terms and Conditions, and any contract between us, are only in the English language.
Insurance cover, provided by a third party insurance company, is included in the Bluecity Service (subject to terms and conditions, and payment of an excess by the Member in the event of a claim). You may be liable for excesses not covered by the Insurance Policy, and there are limitations within the Insurance Cover. We therefore recommend that you pay careful attention to paragraph 22 of these Terms and Conditions and the information on the Insurance Cover in Schedule 3.
PLEASE TAKE THE TIME TO READ THESE TERMS AND CONDITIONS CAREFULLY. IT IS IMPORTANT THAT YOU UNDERSTAND THEM AS THEY FORM PART OF THE CONTRACT BETWEEN US.
YOU NEED TO PAY PARTICULAR ATTENTION TO PARAGRAPH 20.1 (your right to cancel as a CONSUMER), PARAGRAPH 22 AND SCHEDULE 3 (INSURANCE), PARAGRAPH 23 (LIMITATION OF BLUECITY 'S LIABILITY) AND PARAGRAPHS 4.4.3 AND 17 AND SCHEDULE 1 (YOUR OBLIGATION TO REIMBURSE BLUECITY FOR LOSSES THAT IT SUFFERS AS A RESULT OF YOU BREACHING THESE TERMS AND CONDITIONS).
THESE TERMS AND CONDITIONS ALSO CONTAIN IMPORTANT INFORMATION ON HOW YOU SHOULD USE THE BLUECITY SERVICE AND HOW YOU MUST TREAT THE BLUECITY CAR, BLUECITY BADGE AND BLUECITY PIN.
· YOU MUST ONLY CHARGE THE BLUECITY CAR AT CHARGE POINTS WHERE BLUECITY HAS AGREED TERMS OF ACCESS WITH THE RELEVANT CHARGE POINT PROVIDER AND NOT AT OTHER CHARGING STATIONS (INCLUDING ANY DOMESTIC CHARGING STATIONS). THESE CHARGE POINTS WILL BE IDENTIFIED THROUGH THE BLUECITY WEBSITE OR BLUECITY MOBILE APP.
· WHEN RETURNING THE BLUECITY CAR, YOU MUST FOLLOW CAREFULLY ALL THE STEPS SET OUT IN PARAGRAPH 6.8 (THESE STEPS ARE ALSO DESCRIBED ON THE BLUECITY WEBSITE AND BLUECITY MOBILE APP) TO PROPERLY COMPLETE THE RETURN AND END THE RENTAL PERIOD. IF YOU DO NOT DO SO, THE RENTAL PERIOD WILL NOT BE COMPLETED AND YOU WILL REMAIN LIABLE FOR PAYMENT OF RENTAL FEES. YOU SHOULD EXPECT A SMS TEXT MESSAGE (OR AN EMAIL) FROM US VERY SHORTLY AFTER YOU HAVE COMPLETED THE RETURN PROCESS, TO TELL YOU THAT YOUR RENTAL PERIOD HAS ENDED. IF YOU DO NOT RECEIVE THIS PLEASE CONTACT THE CUSTOMER RELATIONS CENTRE. YOU SHOULD NOT LEAVE THE BLUECITY STATION WITHOUT RECEIVING A NOTIFICATION FROM US THAT YOUR RENTAL PERIOD HAS ENDED.
· YOUR MEMBERSHIP WILL RENEW AUTOMATICALLY ON EACH ANNIVERSARY OF THE ACTIVATION DATE, AND A NEW MEMBERSHIP FEE WILL BECOME DUE (PAYABLE IN MONTHLY INSTALMENTS), UNLESS YOU NOTIFY US IN WRITING AT LEAST THIRTY DAYS BEFORE THAT ANNIVERSARY THAT YOU DO NOT WISH TO RENEW YOUR MEMBERSHIP.
BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS.
PLEASE ALSO NOTE THAT THE MEMBERSHIP FEE THAT YOU PAY IS NON-REFUNDABLE UNLESS YOU ARE A CONSUMER AND YOU EXERCISE A RIGHT TO CANCEL THE CONTRACT IN ACCORDANCE WITH PARAGRAPH 20.1
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "DECLINE" BUTTON BELOW AND YOU WILL NOT BE AUTHORISED TO USE THE BLUECITY SERVICE.
If you have any questions regarding this Contract, please contact the Customer Relations Centre via the Bluecity Website.
WE RECOMMEND THAT YOU WATCH THE BLUECITY INSTRUCTION VIDEO WHICH GIVES GUIDANCE ON USING THE BLUECITY CAR. THIS VIDEO IS AVAILABLE ON THE BLUECITY WEBSITE, AND WILL BE DISPLAYED IN THE BLUECITY CAR WHEN YOU START YOUR FIRST FEW JOURNEYS.
The definitions set out in this paragraph 1 apply in this Contract and have the following meanings:
Abandonment is defined in paragraph 6.8.1(a).
Activation Date means the date from which the Member is entitled to use the Bluecity Service. Subject to the terms of this Contract, the Activation Date shall be the date nominated by the Member during the Membership Application Process. Where the Member does not nominate a deferred Activation Date, the Activation Date shall be the same as the Membership Date.
Additional Fees is defined in paragraph 10.4.
Applicable Laws means all laws, regulations, bye-laws and other mandatory requirements applicable to a Member’s use of the Bluecity Services. This includes, for example (but without limitation), all road traffic and parking regulations in force in London.
Bluecity means Bluecity (UK) Ltd, a limited liability company incorporated and registered in England and Wales with company number 09371958, whose registered office is at 5 Cavendish Square, London W1G 0PG and whose VAT registration number is 213557914.
Bluecity Badge means the RFID badge issued by Bluecity to enable, in conjunction with a Bluecity PIN, the Member to use a Bluecity Car and to use a Charge Point.
Bluecity Car Accessories means all the equipment present in and provided with the Bluecity Car (including, without limitation, all keys, GPS screen, Bluecity Badge reader, documentation, floor mats, safety triangle, safety vest).
Bluecity Car means an electric Bluecity Car made available by Bluecity for the Bluecity Service.
Bluecity Mobile App means the mobile application operated by Bluecity for use on a mobile phone conforming to the requirements of such application, and allowing a Member to perform some of the same functions as on the Bluecity Website, in particular searching for and reserving a Bluecity Car and/or a Bluecity Parking Space.
Bluecity Parking Space means a parking space available for use by a Bluecity Car, located at a Bluecity Station.
Bluecity PIN means a unique four digit number set by you during the activation process set out in paragraph 4.4 below, to enable, in conjunction with a Bluecity Badge, the Member to use a Bluecity Car.
Bluecity Station Interface means an electronic interface at each Bluecity Station, which a Member may use to collect and return a Bluecity Car.
Bluecity Station means a site along the roadway or in a private parking facility, operated by Bluecity or by any provider of Charge Points to Bluecity , which is made available for the pick-up, drop-off and charging of Bluecity Cars. Bluecity Stations generally include five Bluecity Parking Spaces. Bluecity Stations can be identified by signage, ground markings and by consulting the Bluecity Website and Bluecity App.
Bluecity Website means Bluecity 's website accessible at blue-city.co.uk;
Bluecity Zone means the geographic area within the boundaries of the M25 motorway and any reasonable route to/from Gatwick Airport . The Bluecity Zone may be changed from time to time at Bluecity ’s sole discretion.
Charge Point means the equipment installed at each Bluecity Parking Space for charging a Bluecity Car, access to which has been agreed between Bluecity and the relevant charge point provider. These Charge Points will be identified on or through the Bluecity Website or Bluecity Mobile App.
Contract means the contract between Bluecity and the Member for access to and use of the Bluecity Service, incorporating these Terms and Conditions.
Customer Relations Centre means Bluecity 's information and help centre, which is open 24 hours a day, 7 days a week, and which can be contacted using the details set out in paragraph 25.1.
Damage Charge means a one-off fee payable in the circumstances set out in paragraph 21.5 and as detailed in Schedule 1.
Dashboard Screen means the screen located on the dashboard of the Bluecity Car, which provides access to GPS mapping, the radio and additional information and identifies routes to Bluecity Parking Spaces.
Eligibility Criteria means the criteria for taking out a Membership and reserving and renting a Bluecity Car set out in paragraph 3.1 below.
Fees is defined in paragraph 10.1 below.
Incident is defined in paragraph 14.12.1 below.
Insurance Cover means the insurance policy provided by a third party insurer to Bluecity , which covers the Member up to certain limits in respect of its use of a Bluecity Car, as summarised in Schedule 3.
Insurer means the insurer(s) under the Insurance Cover.
Member Area means the on-line secure account management space within the Bluecity Website, accessible by the Member following log-in, from which the Member can manage personal information, access a copy of the Bluecity Contract, statements and invoices, and any informational messages from Bluecity .
Member Email Address means the email address provided by the Member during the registration process set out at paragraph 4 below.
Member means a person who is permitted to use the Bluecity Service in accordance with the terms of the Contract, and “ Membership ” shall be construed accordingly.
Member Property means all objects and personal belongings of the Member and all persons transported in the Bluecity Car.
Membership Application Process means the process of applying for a Membership, which can be completed on the Bluecity Website.
Membership Date means the date on which Bluecity approves the Member’s application pursuant to the process set out in paragraph 4.3.
Membership Fee means a payment payable by the Member per year from the Activation Date and any Renewal Date, in twelve equal monthly instalments to Bluecity , as set out in Schedule 1.
Membership Period means the duration of your Membership, as described in paragraph 20.1;
Off-Roadway Station is defined in paragraph 6.11 below.
Off-Roadway Station Owner means a third party owner of an Off-Roadway Station.
Onboard Documents means collectively a copy of the Bluecity Car registration document which can be found in the Bluecity Car, the template accident report form and the pre-paid addressed envelope for mailing a completed accident report.
Renewal Date means each anniversary of the Activation Date, on which, subject to you electing not to renew in accordance with paragraph 20.1 below, the Membership Period will automatically renew;
Rental Fee means the fee payable by the Member to Bluecity for renting the Bluecity Car during the Rental Period, which is calculated in accordance with the rate set out in Schedule 1 (subject to a minimum period of 20 minutes per rental).
Rental Period means the period, starting at the point described in paragraph 6.5.4 and ending at the time the Member completes the procedure described in paragraph 6.8, during which the Member has possession and control of a Bluecity Car.
Security Deposit means a security deposit required by Bluecity , as further detailed in paragraph 12 below.
SOS Button means the blue call button located beneath the Dashboard Screen in the Bluecity Car. This button enables the Member to contact, from the Bluecity Car, the Customer Service Centre, which provides assistance in the event of a breakdown or accident.
Terms and Conditions means the terms and conditions set out in this document, including the Schedules.
2. THE CONTRACT
2.1 Only Members can use the Bluecity Service. Members may only use the Bluecity Service in accordance with the terms of the Contract. 2.2 Modifications to the Contract 2.2.1 We may amend any part of the Contract at any time to reflect any changes to applicable taxes, and such changes shall be effective and binding on you from the time at which we notify you of such changes. 2.2.2 In addition to our right to amend the Contract under paragraph 2.2.1 above, we may amend any part of the Contract by providing thirty (30) days' prior written notice to you. However, except in accordance with paragraph 2.2.1 above, we will not amend the amount or rate of any particular Fee more than twice in any year, and will not increase any particular Fee (or fee rate) by more than 12% of the then current Fee or fee rate (save in cases where no fee is currently charged for the service in question, in which case no limit on the amount of such new fee will apply). 2.2.3 If we make any changes to the Contract and you do not wish to be bound by such changes, you will be entitled to terminate your Membership upon written notice to us, to be notified to us within thirty (30) days of our notice to you amending the Contract. If you elect to terminate in accordance with this paragraph 2.2.3, you will be released from your obligation to pay all instalments of the Membership Fee that would apply to any period after the effective date of termination. 2.2.4 Any notice to the Member of any amendment to the Contract will be delivered by either: (a) sending an email to the Member Email Address; or (b) posting to your account in the member area of the Bluecity Website, and the delivery date will be whichever occurs first. 2.3 Commencement and Duration of the Contract
The Contract will come into effect on the Membership Date and will continue in effect until it is either cancelled by the Member in accordance with paragraph 20.1 or terminated by either the Member or Bluecity in accordance with paragraph 21 or Schedule 1 of these Terms and Conditions.
3. ELIGIBILITY FOR A MEMBERSHIP
3.1 By applying to be a Member, you confirm to us that you meet the following eligibility criteria at the beginning of the Membership and that you will continue to meet these criteria throughout the Membership: (a) you must be at least 18 years of age; (b) you must hold a valid and full:
(i) drivers’ licence for the relevant category of vehicle issued by the authorities in the United Kingdom, which has not been suspended, cancelled or withdrawn; OR
(ii) drivers’ licence for the relevant category of vehicle AND a valid passport or national identity card, in each case issued by the authorities of an EEA Member State other than the United Kingdom, neither of which has been suspended, cancelled or withdrawn; OR
(iii) international drivers' licence for the relevant category of vehicle AND a valid passport or national identity card, in each case issued by the authorities of a country other than an EEA Member State.
(iv) Bluecity reserves the right to ask for additional proof of your residential address” if the address registered on the account is different than the address on the driving licence/ID for example (see further information below table)
For clarity, a holder of a provisional drivers' licence is not permitted to become a Member. You must provide us with a colour copy of all documents required to satisfy either (i), (ii) or (iii) above at the time of making your application.
(c) you must have no more than three (3) penalty points on your driving licence; (d) you must not have any drink or drug driving convictions in the last five (5) years; (e) you must maintain a valid credit or debit card in your own name, which is accepted for payment by Bluecity (please refer to the list of accepted payment methods on the Bluecity Website), and a bank account in your own name in relation to which you have full and complete authority to set up direct debits; (f) you must instruct your bank to establish a direct debit in favour of Bluecity , to permit Bluecity to take payment of any Fees or other amounts due to Bluecity as specified in these Terms and Conditions, from your bank account; (g) you must not owe any money to Bluecity ; (h) you must have successfully completed the Membership Application Process (collectively, the “ Eligibility Criteria ”). 3.2 Holders of an expired, suspended, cancelled, withdrawn, restricted, or otherwise invalid driver's licence or whose driver's licence has been lost or stolen are not eligible to take out a Membership. If at any time during the Membership the Member loses his / her driver's licence, or the Member's driver's licence is stolen, expires or is suspended, cancelled, withdrawn, restricted, otherwise becomes invalid or ceases to meet the Eligibility Criteria, the Member must notify the Customer Relations Centre as soon as possible, and in any event before the Member uses the Bluecity Service. 3.3 Bluecity reserves the right to deny Membership to any person based on the content of that person’s driving record, including without limitation, arrests or charges in relation to vehicle operation, including those which have yet to be fully adjudicated or did not result in a charge or prosecution. 3.4 You authorise Bluecity , at any time, to check your credit and / or other equivalent data sources that identify any risk associated with provision of any Bluecity Services to you. We may decline to provide Bluecity Services to you, or cease providing Bluecity Services already underway, based upon the results of such checks. 3.5 You acknowledge and agree that meeting the Eligibility Criteria does not automatically entitle you to become a Member or to use the Bluecity Services, and approval of your application to become a Member is at Bluecity 's sole discretion. Such approval may be subject to additional criteria imposed by either Bluecity or its insurers, from time to time.
4. BECOMING A MEMBER
4.1 Subject to paragraph 3 above, you can apply to become a Member by: (a) completing the Membership Application Process, including accurately and fully completing and providing all information and documentation requested within the Membership Application Process; (b) paying the first instalment of the Membership Fee using a debit or credit card; (c) setting up a direct debit authorisation which authorises Bluecity to withdraw all future instalments of the Membership Fee (other than the first instalment, which you will have paid by debit or credit card), all Rental Fees and any Additional Fees chargeable from your bank account; (d) authorising Bluecity to pre-authorise the amount referred to in Schedule 1 on your credit or debit card for the Security Deposit in accordance with paragraph 12 below; and (e) agreeing to be bound by and comply with the Contract, including these Terms and Conditions. 4.2 Membership Application Process The Membership Application Process will, among other things, require you to: (a) upload a clear, colour copy of your driver’s licence and passport / national identity card, as required by the Eligibility Criteria; (b) upload a clear, colour photograph of your face in the format described on the Bluecity Website; (c) provide a Member Email Address and telephone number; (d) provide your residential address; and (e) nominate your Bluecity PIN (as further detailed at paragraph 4.4 below). Please ensure that the residential address that you provide is correct, as this is the address that we will use to dispatch your Bluecity Badge. 4.3 Approval of your Membership You acknowledge that approval of your application to become a Member is at Bluecity 's sole discretion. Bluecity will notify you of its approval or rejection of your application by notifying you via the Member Email Address. In the event that Bluecity rejects your application for Membership, only the first instalment of the Membership Fee will be retained by way of an administration fee, except where you are a consumer, and have exercised your right to cancel in accordance with paragraph 20 below. Please note that you may be required to provide a Security Deposit as a condition of your Membership (see paragraph 12 below), in which case your Membership will only be deemed approved when you have done so. 4.4 Bluecity PIN and Bluecity Badge 4.4.1 To become a Member, you must nominate a PIN code. This Bluecity PIN must be provided to use the Bluecity Service. You must not tell anyone your Bluecity PIN, and must keep it confidential. In particular, you must not write your Bluecity PIN on your Bluecity Badge. 4.4.2 Your Bluecity PIN and Bluecity Badge are personal to you and must not be used by any other person. They must be kept safe and secure at all times. The Bluecity Badge remains at all times the property of Bluecity . 4.4.3 We may at any time update the format of the Bluecity Badge or any other aspect of its membership access process (particularly as technology evolves), in which case we may issue you with a new Bluecity Badge or other method of access which should be used in substitute for your existing Bluecity Badge. 4.4.4 If you do not comply with paragraphs 4.4.1 and 4.4.2 above and paragraphs 5.2 and 14.1 below, you will be personally liable to pay all damage and loss, including without limitation, damage to or loss of value of the Bluecity Car, damage to your own property and the property of others; and you will also be liable and responsible for personal injury to yourself or to others in each case which results from your breach of these paragraphs (and will not be entitled to claim this from Bluecity ). 4.5 Nominating a deferred Activation Date 4.5.1 A Member may choose to have their Membership begin up to 30 days after the Membership Date. In such circumstances, the date chosen by the Member for the commencement of their Membership shall be the Activation Date and the Member will not be able to use the Bluecity Service until this date. Please refer to paragraph 20.1 to see how choosing a deferred Activation Date may affect your right to cancel this Contract as a consumer. 4.5.2 If you do not nominate a deferred Activation Date, you will be able to use the Bluecity Service from the Membership Date.
5. USE OF THE BLUECITY SERVICE
5.1 Subject to paragraph 4.5.1 above, Membership allows the Member, in accordance with the Contract and subject to availability, to use the Bluecity Service. 5.2 The Member's Membership is personal to the Member and is non-transferable. The Member must not, under any circumstances, permit any other person to use the Bluecity Service. 5.3 A Member may: (a) reserve, collect and use a Bluecity Car; and (b) reserve and park in a Bluecity Parking Space. The Member must follow all instructions provided at the Bluecity Station for use of the Charge Point. These may differ from one Charge Point to another. 5.4 Bluecity does not guarantee the availability of Bluecity Cars or Bluecity Parking Spaces. 5.5 Safety when using a Charge Point It is your responsibility to ensure that the charging of a Bluecity Car using a Charge Point is carried out safely so as to avoid injury to any person or damage to property. You must take all reasonable care when charging a Bluecity Car and in particular: (a) the connector cable is safely plugged into the Bluecity Car and the positioning of the connector cable does not create a tripping hazard to any person; (b) the Bluecity Car is not driven with the connector cable still attached to the Charge Point; (c) the connector cable is not unplugged from a Bluecity Car before the plug is removed from the Charge Point; and (d) once you have finished charging the Bluecity Car, the connector cable is disconnected and the Charge Point housing closed.
6. BLUECITY CARS
6.1 Subject to compliance by the Member with the terms of the Contract and with all Applicable Laws, and payment by the Member of the applicable Rental Fee, the Member may reserve, collect, drive and return a Bluecity Car within the Bluecity Zone. 6.2 Reserving a Bluecity Car 6.2.1 A Member may reserve a Bluecity Car via the Bluecity Website, the Bluecity Mobile App, or by contacting the Customer Relations Centre. Each time the Member reserves a Bluecity Car, an Additional Fee will be payable. 6.2.2 After a Bluecity Car has been reserved, the Member has 30 minutes to go to the selected Bluecity Station and collect the Bluecity Car. 6.3 Cancelling a Bluecity Car reservation 6.3.1 The Member can cancel a pending Bluecity Car reservation at any time before either (i) the expiry of 30 minutes from the time the Member made the reservation or (ii) collection of the Bluecity Car by the Member, whichever occurs first. The Member can cancel a reservation via the Bluecity Website, Bluecity Mobile App, or by contacting the Customer Relations Centre. 6.3.2 After a Bluecity Car reservation has been cancelled or the Bluecity Car has not been retrieved within the reserved period, the Member will not be permitted to make a new reservation for 10 minutes. 6.3.3 The Member will incur an Additional Fee if he / she does not collect a Bluecity Car or does not cancel the reservation within 30 minutes from the time the Member made the applicable reservation. If the Member fails to collect a Bluecity Car that he has reserved on three consecutive occasions within a 24 hour period, that Member will be suspended from the Bluecity Service for 24 hours from the time of the final failure to collect. 6.4 Collecting a Bluecity Car 6.4.1 On arrival at the Bluecity Station, the Member must activate the Bluecity Station Interface. The Bluecity Station Interface will ask the Member to confirm that: (a) the Member's Driver's License remains valid; (b) the Member is fully capable of driving; and (c) the Member’s ability to drive is not impaired in any way. In particular, the Member is not suffering from fatigue and is not under the influence of alcohol, drugs, medications, or any other legal or illegal substance that may alter the Member's faculties, ability to react or drive. 6.4.2 Upon completion, a message on the Bluecity Station Interface will invite the Member to use the designated Bluecity Car. 6.4.3 The Member must present its Bluecity Badge (or other access mechanism notified and made available by Bluecity to the Member) to the Charge Point to gain access to the charging facility. The Member may not be able to access and use a Charge Point which has already been reserved by another customer or authorised user of the relevant provider of the Charge Point. 6.5 Accessing the Bluecity Car and Disconnecting the Power Cable 6.5.1 After displaying the message inviting the Member to use the designated Bluecity Car, the Bluecity Station will shut off electrical power to the Bluecity Car and the Member will be able to store the power cable within the Charge Point. 6.5.2 The Member must then present the Bluecity Badge to the Bluecity Badge reader on the driver side window of the selected Bluecity Car. If the Bluecity Badge is presented to the reader of a Bluecity Car other than the one selected by the system, the reader will inform the Member of an identification error by means of a RED signal light. 6.5.3 The Member must then unlock the Bluecity Car's charging cover and disconnect the power cable from the Bluecity Car and store it in the housing provided at the Charge Point. Members alone should handle the power cable themselves and should not let others, particularly children, handle the cable or otherwise interact with the Charge Point. In case of difficulty, Members can contact the Customer Relations Centre via the Bluecity Station Interface. 6.5.4 Disconnecting the power cable commences the Rental Period. 6.6 Inspection of the Bluecity Car 6.6.1 The Member must visually inspect the Bluecity Car upon assessing it. If the Bluecity Car is damaged or dirty, the Member must inform the Customer Relations Centre immediately. 6.6.2 Failure to report damage or uncleanliness prior to departure from the Bluecity Station will result in you being charged an Additional Fee in respect of that damage / uncleanliness. 6.7 Starting the Bluecity Car 6.7.1 The Member starts the Bluecity Car using the ignition key found in that Bluecity Car. The Bluecity Car will only start if the power cable has been disconnected from the Car and correctly stored in the compartment of the Charge Point. When leaving the Bluecity Station, an indicator will light up to show that the Bluecity Parking Station is available for other Members to park in. 6.8 Returning a Bluecity Car 6.8.1 Once the Member has finished using the Bluecity Car, the Member must return the Bluecity Car, along with all Bluecity Car Accessories and Onboard Documents present in the Bluecity Car at the beginning of the Rental Period, to a Bluecity Parking Space. Where the Member: (a) does not return the Bluecity Car or returns the Bluecity Car to a location other than a Bluecity Parking Space (“ Abandonment ”); or (b) does return the Bluecity Car to a Bluecity Parking Space but does not comply with the procedure set out below, the Rental Period will not terminate, and the Member will continue to incur Rental Fees, up to a maximum per Rental Period as set out in Schedule 1. The Member will also be charged an Additional Fee for improper return of a Bluecity Car, as set out in Schedule 1 (please note, a higher Additional Fee will apply in the event of Abandonment). Note that, where the Bluecity Badge is lost during a Rental Period, meaning that the Member is unable to return the Bluecity Car, this will be treated as Abandonment in accordance with this paragraph 6.8.1.
If you do not follow the procedure for correctly returning the Bluecity Car the Rental Period may not end, and you will continue to be charged Rental Fees, even if you are not actually using the Bluecity Car.
We therefore recommend that you wait in the vicinity of the Bluecity Car until you have received an SMS message or email from us, confirming that the Bluecity Car has been successfully returned, and that the Rental Period has ended.
6.8.2 Upon returning a Bluecity Car, the Member must: (a) close the windows, (b) put the car in neutral, (c) shut off the ignition, (d) remove the key from the ignition, and (e) apply the handbrake (by pulling the relevant lever). Note that certain Bluecity Parking Spaces are subject to parking regulations and restrictions. 6.8.3 The Member must then plug the Bluecity Car into the Charge Point as follows: (a) place the Bluecity Badge on the Charge Point reader, which will release the cover allowing the Member to access the charging cable, (b) pull the charging cable and connect the plug to the Bluecity Car's charging port, (c) close the charging cover of the Bluecity Car and (d) lock the Bluecity Car by placing the Bluecity Badge in front of the Bluecity Badge reader on the driver side window of the Bluecity Car. 6.8.4 When these steps are complete, a SMS text message or an email will be sent to the Member Email Address to notify him / her that the Rental Period has ended. If you do not receive this SMS text message or email very shortly after the time from which you believe you have completed the return of the Bluecity Car, please contact the Customer Relations Centre as it is likely that you have not properly returned the Bluecity Car (and you will remain liable to pay Rental Fees as the Rental Period will not have ended, up to a maximum per Rental Period as set out in Schedule 1). For this reason, we recommend that you do not leave the vicinity of the Bluecity Car until you have received a confirmation SMS message or email. 6.9 Rules relating to Bluecity Parking Spaces 6.9.1 You must comply with all rules and policies (including parking regulations, restrictions and all Applicable Laws) relating to parking a Bluecity Car in a given Bluecity Parking Space. These are not necessarily the same for all Bluecity Parking Spaces. You must not block any Bluecity Parking Space at any time, except when you are using the relevant Bluecity Parking Space to use a Charge Point to charge a Bluecity Car. 6.10 Parking and Leaving the Bluecity Car Unattended During Use 6.10.1 Where, before returning of the Bluecity Car, the Member wishes to leave the Bluecity Car unattended, the Member must lock the Bluecity Car by placing the Bluecity Badge in front of the Bluecity Badge reader on the driver side window. 6.10.2 When parking a Bluecity Car and leaving it unattended, the Member must (a) close the windows, (b) put the car in neutral (c) shut off the ignition, (d) remove the key from the ignition and (e) apply the handbrake (by pulling the relevant lever). The Member must ensure that the Bluecity Car is parked in accordance with all Applicable Laws, including parking regulations and is fully liable for all parking charges incurred during the Rental Period. 6.11 Unavailable Bluecity Station 6.11.1 If a Bluecity Station at which the Member desires to return the Bluecity Car does not have an available Bluecity Parking Space, or if a Bluecity Parking Space reservation was unsuccessful, the Member may contact the Customer Relations Centre, which will indicate the nearest Bluecity Stations with available Bluecity Parking Spaces for returning the Bluecity Car. 6.11.2 If no Bluecity Parking Space is available at any of the 8 nearest Bluecity Stations, the Customer Relations Centre will either: (a) between 8 am and 8 pm, provide the location of a Bluecity Station at which a Bluecity agent will meet the Member to collect the Bluecity Car. When arriving at the Bluecity Station, the Member should lawfully park and shut off the Bluecity Car as specified in paragraph 6.8 above. The Member shall be responsible for ensuring that the location at which the Member has parked the Bluecity Car is lawful, and does not violate any applicable parking regulations and/or restrictions. The Bluecity agent, after the Member has reported any damage that may have occurred to the Bluecity Car, will immediately terminate the Member's ability to access and operate the Bluecity Car, which the Member will accept; or (b) authorise the Member to park the Bluecity Car at a location outside of a Bluecity Station, provided that parking at such location is lawful. 6.12 Procedure for Returning to an Off-Roadway Station 6.12.1 An Off-Roadway Station is a Bluecity Station located off the public roadway, within parking areas operated by persons or entities other than Bluecity . The Member must observe the rules of use displayed in such parking areas. When returning a Bluecity Car to an Off-Roadway Station, the Member must observe the same procedure as set out in paragraph 6.8 above. 6.13 Return of Car when Charge is Low 6.13.1 The Member must return the Bluecity Car to a Charge Point once the battery charge level is less than 20%. If the Bluecity Car becomes immobilised due to a low battery charge or no battery charge, the relevant Additional Fee found in Schedule 1 shall apply. 6.13.2 If Bluecity identifies a Bluecity Car with a charge of less than 20% that is parked other than at a Bluecity Station, Bluecity may retrieve the Bluecity Car and return it to a Bluecity Station, at the relevant Member's cost and subject to payment of an Additional Fee.
7. RESERVING BLUECITY PARKING SPACES
7.1 A Member may reserve a Bluecity Parking Space via the Bluecity Website, the Bluecity Mobile App, by contacting the Customer Relations Centre, or via the Dashboard Screen in a Bluecity Car that the Member is using. Each reservation will incur the relevant Additional Fee. 7.2 After a Bluecity Parking Space has been reserved, the Member has 90 minutes to park at the reserved Bluecity Parking Space. After this period has elapsed, the Bluecity Parking Space will be released. 7.3 Cancelling a Bluecity Parking Space reservation 7.3.1 The Member can cancel a pending Bluecity Parking Space reservation at any time before either (a) the expiry of 90 minutes from the time the Member made the reservation, or (b) parking the Bluecity Car in the Bluecity Parking Space, whichever occurs first. The Member can cancel a reservation via the Bluecity Website, Bluecity Mobile App, or by contacting the Customer Relations Centre. Where a Member cancels a pending Bluecity Parking Space reservation, the Additional Fee paid for making that reservation will not be refunded. 7.3.2 After a Bluecity Car reservation has been cancelled or the Member has not returned a Bluecity Car to the Bluecity Parking Space within the reserved period, the Member will not be permitted to make a new reservation for 10 minutes. 7.3.3 Where a Member does not return a Bluecity Car to the reserved Bluecity Parking Space or cancel the reservation within the reserved period, the Additional Fee paid for making that reservation will not be refunded, and the Member will incur a further Additional Fee as specified in Schedule 1.
8. USING BLUECITY Parking SPACES Reserved by Others
An illuminated BLUE light on a Charge Point indicates that the attached Bluecity Parking Space is reserved, and an illuminated RED light means that the attached Bluecity Parking Space is not available. In no case may a Member park at a reserved Bluecity Parking Space which has not been reserved by them, or one that is displaying an illuminated RED light. A Member who returns a Bluecity Car to a Bluecity Parking Space reserved by another Member will be charged an Additional Fee.
9. GETTING HELP
9.1.1 If a Member needs help while in a Bluecity Car, the Member can push the SOS Button to contact the Customer Relations Centre. The Customer Relations Centre, in consultation with the Member, may initiate a diagnostic test of the condition of the Bluecity Car and/or ask about the condition of the car's occupants. 9.2 Bodily Injury or Property Damage 9.2.1 In the event of a bodily injury, the Member should call the emergency services, and if not already done, and as applicable, the Customer Relations Centre will contact an emergency responder (ambulance, fire department, police). 9.2.2 In the event of a material accident without bodily injury, the Member must, at the discretion of the Customer Relations Centre, remain in the vicinity of the Bluecity Car if it is safe to do so until the arrival of a repair service or tow truck dispatched by the Customer Relations Centre. 9.2.3 If the Bluecity Car can no longer be used safely, the Customer Relations Centre may provide the Member with alternative transportation, which will take the Member to the address given by the Member to the Customer Relations Centre (within a maximum distance of 20 miles from the disabled Bluecity Car). 9.3 Bluecity Car Malfunction (Including Flat Tyres) 9.3.1 If a car malfunction occurs, upon the Member notifying Bluecity of the malfunction, the Customer Relations Centre will send a repair service to the Bluecity Car. The repair service will, upon attending the car, assume responsibility for its care and remove or repair it. 9.3.2 The Member must remain near the Bluecity Car until the arrival of the repair service or an agent of Bluecity , if it is safe to do so. The Customer Relations Centre may at its discretion authorise the Member to leave the Bluecity Car if the Bluecity Car has been parked safely, without impeding traffic. 9.3.3 The Customer Relations Centre may provide the Member with alternative transportation, which will take Member to the address given by the Member to the Customer Relations Centre (within a maximum distance of 20 miles from the disabled car). 9.4 Member Property 9.4.1 The Member is responsible for the security of all Member Property. Neither Bluecity , nor any Off-Roadway Station Owner, is responsible for loss or damage to Member Property or anyone else's personal property caused by the Member, or their acts or omissions, those of any third party or, by Bluecity 's or the Off-Roadway Station Owner's negligence, except as stated in paragraph 23.8. 9.4.2 The Member waives any claim against Bluecity , its agents, employees, parent companies, or affiliates, for loss of or damage to Member Property or anyone else's personal property, including, without limitation, any Member Property or other property left in any Bluecity Car or left at any Bluecity Station, including Off-Roadway Stations, caused by the Member, by any third party, or by Bluecity 's or the Off-Roadway Station Owner’s negligence, except as stated in paragraph 23.8. 9.4.3 The Member agrees to reimburse Bluecity and any Off-Roadway Station Owner for costs, expenses, liabilities, damages and/or losses that result from any claim made against Bluecity and/or such Off-Roadway Station Owner for loss of or damage to Member Property or other personal property arising from this Contract or the Bluecity Services provided under this Contract.
10.1 The Member shall pay to Bluecity :
(a) the Membership Fee, payable in twelve equal monthly instalments accordance with paragraph 10.2 below for each calendar year of Membership; (b) the Rental Fee, payable for each completed Rental Period; (c) all tolls, fines and tickets issued against the Bluecity Car during any Rental Period; (d) any Additional Fees falling due; (e) any Damage Charge that falls due; (f) the reasonable expenses incurred by Bluecity in recovering any amounts due from the Member (including legal expenses or fees for the use of third parties to collect any Fees owed by the Member to Bluecity ); (g) any interest due on unpaid sums, in accordance with paragraph 11.3 below , and (h) administrative costs (collectively, the “ Fees ”).
10.2 Membership Fee
10.2.1 The Member must pay the Membership Fee in twelve equal instalments on a monthly basis. The first such payment shall be paid by credit or debit card when taking out a Membership, and each subsequent payment shall be withdrawn by direct debit in accordance with paragraph 11.2 below. Unless the Member's Membership is terminated in accordance with these Terms and Conditions, immediately upon payment by the Member of the final instalment of the Membership Fee, the Membership Fee for the following year shall become due, payable in twelve equal instalments on a monthly basis. 10.2.2 Instalments of the Membership Fee are non-refundable, unless you are a consumer and exercise your right to cancel in accordance with paragraph 20.1, or if you terminate the Contract following amendments that we have made in accordance with paragraph 2.2.
10.3 Rental Fees
The Rental Fees are calculated on a pro rata basis, based on the rate set out in Schedule 1, and the duration of the relevant Rental Period. The minimum rental period is twenty (20) minutes, meaning that if you rent a Bluecity Car for less than twenty (20) minutes, you will be charged Rental Fees as if you had rented that Bluecity Car for twenty (20) minutes. Rental Fees are payable in addition to the Membership Fee and you cannot credit any instalments of the Membership Fee against the Rental Fee. 10.3.1 For the purposes of calculating the Rental Fees: (a) any incomplete minutes in the Rental Period will be rounded up to the next minute; and (b) where the Rental Period is shorter than 20 minutes, the Rental Period will be rounded up to 20 minutes.
10.4 Additional Fees
10.4.1 Additional Fees means the additional fees which are payable by the Member to Bluecity and which will fall due where indicated in these Terms and Conditions. Where Additional Fees are set out in Schedule 1 for particular circumstances, these Additional Fees reflect the amount that the Member shall pay by way of Additional Fee if the relevant circumstances occur. 10.4.2 The Additional Fees are indicative of the costs that are likely to be incurred by Bluecity as a result of the Member breaching the relevant terms of the Contract or which are appropriate to protect Bluecity ’s legitimate interests, but do not preclude Bluecity from claiming additional amounts from you if your breach has caused a loss to Bluecity which is greater than the Additional Fee.
10.5 Damage Charges
10.5.1 Please see paragraph 21.5 .
11. PAYMENT OF fees
11.1 Information about Fees Due
11.1.1 Shortly after the termination of each Rental Period, the Member will receive an SMS text message from Bluecity setting out: (i) the duration of the completed Rental Period, and (ii) the Rental Fees payable in respect of the same. The duration of the completed Rental Period will also be displayed on the Bluecity Station Interface following completion by the Member of the return procedure outlined in paragraph 6.8 above. 11.1.2 Bluecity will deliver periodic invoices to the Member. Such invoices will set out all Fees due to Bluecity at the date of that invoice or paid to Bluecity since the later of: (i) the date of the previous invoice delivered to the Member, and (ii) the Activation Date. 11.1.3 The Member may access all invoices via the Member Area. The Member can request paper copy invoices. However this will incur an Additional Fee.
11.2 Direct Debit
11.2.1 The Member authorises Bluecity to make withdrawals by way of direct debit from the Member's nominated bank account in respect of any Fees that fall due. 11.2.2 Bluecity will debit the Member's nominated bank account on the first to occur of: (a) the time at which the aggregate Rental Fees and Additional Fees (and other amounts that might be due to Bluecity under paragraph 11.1) that the Member owes to Bluecity reach £ 2 0, whether during or at the end of the Rental Period; and (b) seven (7) days from the end of any Rental Period. The Member acknowledges that Bluecity may debit Fees from the Member’s nominated bank account under this paragraph 11.2 before the Member has received an invoice detailing that Fee.
If the Member does not pay any monies due to Bluecity by the due date for payment of Fees in accordance with paragraph 10 above and this paragraph 11, Bluecity may charge interest to the Member on the overdue amount at the rate of 3% a year above the UK base lending rate of CM-CIC Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Member must pay Bluecity interest together with any overdue amount.
11.4 Updating payment methods
11.4.1 The Member must amend the Member's contact and account information (including the Member's payment information) on the Member Area whenever it changes so that information available to Bluecity is up to date throughout the entire duration of the Contract, and in particular before the Member reserves or rents a Bluecity Car. 11.4.2 Bluecity has the right to debit the Member’s nominated bank account in particular circumstances under paragraphs 11.2.2 (a) and 12.2 and therefore, if the Member's current credit card or debit card expires or is cancelled during the term of this Contract, the Member must contact the Customer Relations Centre to provide details of the Member's new card, or update the Member's card details via the Member Area at least 15 days before the expiry date or immediately on the cancellation of the Member's current card. For cards due to expire, this update must take place upon receipt of the new bank card and before the old card expires. In any case, the Member authorises Bluecity to obtain through lawful means the updated bank card information and use this to process the Fees payable under this Contract. 11.4.3 The Member shall ensure that there are sufficient funds in the Member's bank account for payment of the Membership Fee, Rental Fees, Additional Fees and/or any other amounts that might be due to Bluecity under this Contract and shall provide Bluecity with an alternative method of payment if such funds are not available or if the Member’s direct debit is cancelled by the Member or the Member's bank. 11.4.4 If we are unable to withdraw funds from your account, we will send you an email informing you of the issue. We will then attempt to take payment after a further two ( 2 ) days. We may, two ( 2 ) days from the first rejected payment, suspend your Membership until you have provided us with up to date payment information and paid us any monies owed to us. We will always let you know when we suspend your Membership. You will also be charged an Additional Fee by way of an administration fee if a payment that is due to us from you is dishonoured by your bank or bounces. 11.4.5 Under no circumstances will Bluecity be responsible for any overdraft or other fees charged by the Member's credit or debit card company or bank.
All Fees include VAT (value added tax).
11.6 Set Off
Subject to paragraph 11.7 below, all Fees due under this Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction as required by law).
11.7.1 Bluecity may, in Bluecity 's sole discretion, create promotional codes that may be redeemed by the Member and credited against Fees, subject to any additional terms that Bluecity establishes on a per promotional code basis (" Promotional Code "). 11.7.2 The Member agrees that Promotional Codes: (a) are unique to the Member to which they are delivered, are non-transferable, and can only be used by the Member to which they are delivered; (b) must only be used for the intended purpose, and in a lawful manner; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Bluecity ; (d) may be disabled by Bluecity at any time for any reason without liability to the Member; (e) may only be used pursuant to the specific terms that Bluecity establishes for such Promotional Code; (f) are not valid for, and cannot be exchanged for, cash; and (g) may expire prior to the Member's use of the Promotional Code. Bluecity reserves the right to withhold or deduct credit against Fees or other features or benefits obtained through the use of Promotional Codes by the Member in the event that Bluecity determines or believes that the use or redemption of the Promotional Codes was in error, fraudulent, illegal, or in violation of the applicable Promotional Code's terms or these Terms and Conditions.
12. SECURITY DEPOSIT
12.1 When becoming a Member, Bluecity may, at its sole discretion, require the Member to instruct its bank to pre-authorise a Security Deposit for Bluecity ’s benefit. The amount of the Security Deposit will not be debited by Bluecity except in the circumstances set out in paragraph 12.2 below. However, the amount of the Security Deposit will be unavailable to the Member to withdraw from his / her account until released by the Member’s bank.
12.2 The amount of the Security Deposit shall be determined by Bluecity based on the Member's rental history and payment record. The maximum amount of any Security Deposit is equal to the highest total Rental Fees paid by the Member in any two calendar months (including where such calendar months are not consecutive).
12.3 Any Security Deposit pre-authorised by the Member will be withdrawn by Bluecity in the event of:
(a) non-payment by the Member of any Fees or other sums due to Bluecity (including any insurance excess payable in accordance with paragraph 22.3 below) (including any failure or cancellation of any direct debit); (b) failure by the Member to return a Bluecity Car; and/or (c) payment of damages for which the Member is liable under this Contract, including any Additional Fees that may fall due.
12.4 Bluecity will release the pre-authorisation of the Security Deposit within a maximum of 8 days from the termination of the relevant Member’s Membership.
13. MEMBER'S OBLIGATIONS
13.1 A Bluecity Car is only permitted to be operated by the Member. The Member must not to allow any other person to drive the Bluecity Car, even if that person is also a Member. 13.2 Compliance with Applicable Laws 13.2.1 The Member must at all times comply with all Applicable Laws in relation to his / her use of any Bluecity Car. In particular: (a) the Member must wear a seat belt at all times when using the Bluecity Car. The Member is responsible for ensuring that all passengers use their seat belts. (b) the Member must use a car seat for all infants and children as required by Applicable Laws. 13.3 Care for the Bluecity Car 13.3.1 The Member must drive the Bluecity Car responsibly and with all due care and attention. 13.3.2 The Member must take all reasonable care of the Bluecity Car. Excluding ordinary wear and tear, the Member must return the Bluecity Car to us in the same condition as when Member received it. 13.3.3 The Member must ensure that the Bluecity Car remains locked, secure and parked in a safe location when it is not being driven, with all windows fully shut and the boot closed, and while driving, must use all of the security features of the Bluecity Car. The Member should not leave any Member Property in the Bluecity Car while it is unattended. 13.3.4 The Member must not smoke, eat or drink within a Bluecity Car, or engage in any activity that would cause the Bluecity Car's interior to become soiled, wet, smelly or otherwise uncomfortable for the next user. These restrictions apply to the driver as well as to any passengers. It is the responsibility of the Member to remove any trash when returning a Bluecity Car and otherwise leave the car in an acceptably clean state for the next user. 13.3.5 The Member must not use the Bluecity Car or allow anyone to use it: (a) to transport passengers for a fee; (b) to transport merchandise for a fee; (c) to transport animals; (d) to tow or push any car, trailer, or any other object (without the written authorisation of Bluecity ) (e) off-road or on any road which is unsuitable for the Bluecity Car; (f) whenever the Bluecity Car is overloaded or whenever any onboard loads are not properly attached; (g) to transport objects or substances (including, without limitation, flammable, corrosive, toxic, explosive, ionizing, or combustible materials) that, due to their nature or odour, may damage the Bluecity Car and/or delay the ability to rent the Bluecity Car again; (h) to participate in automobile races, rallies, trials, or any other competitive event or for testing the Bluecity Car's reliability or speed; (i) in violation of traffic laws or other regulations or for any illegal purpose; (j) for a sublease whether for free or for a fee; or (k) to learn how to drive or teach someone how to drive. 13.4 The Member must not push or pull the Bluecity Car or allow it to be pushed or pulled for any reason whatsoever (other than by a breakdown recovery Bluecity Service or emergency services). 13.5 The Member must only allow the Bluecity Car to be repaired, serviced or disassembled in accordance with Bluecity 's instructions and by persons authorised by Bluecity . The Member must not attempt to repair, service or disassemble the Bluecity Car or permit the Bluecity Car to be repaired, serviced or disassembled by anyone other than a person authorised by Bluecity . 13.6 Overloading a Bluecity Car with persons and/or objects that results in exceeding the authorized gross vehicle weight is prohibited. The Bluecity Car is only designed to support up to (a) 4 people, including the driver, and (b) not exceed 750 pounds of total weight from occupants and cargo and may not function safely or properly if overloaded. It is the Member's responsibility not to overload the car with passengers and/or cargo. 13.7 Charging the Bluecity Car 13.7.1 The Member must only charge or attempt to charge a Bluecity Car at a Charge Point. In particular, the Member must not charge or attempt to charge a Bluecity Car at a charge point not operated by a charge point infrastructure provider with whom Bluecity has agreed that access to Charge Points may be provided to Bluecity members, or using a domestic electricity supply.
13.8 Member’s Fitness to Drive
13.8.1 The Member agrees not to use the Bluecity Car at all if the Member is: (a) not fully capable of driving (b) suffering from fatigue which is likely to affect the Member’s ability to drive or control the Bluecity Car; or (c) under the influence of alcohol, drugs, or any other legal or illegal substance or medication that might cause drowsiness and/or affect the Member's ability to drive or control the Bluecity Car. 13.8.2 The Member acknowledges that failing to comply with this paragraph 13.8 may result in the Member not being covered by the Insurance. 13.8.3 The Member must cooperate and agree to take any sobriety tests required by the police.
13.9.1 Any form of advertising on or in a Bluecity Car is strictly prohibited, unless it has been authorised by Bluecity in advance and in writing. For the purposes of the Contract, advertising includes (but is not limited to) any shape or image intended to inform the public or attract their attention, whether commercial, informational (private or commercial), cultural, or electoral.
13.10 Contents of the Car
The Member, when accessing the Bluecity Car, is required to verify the presence of the Bluecity Car's Accessories, the VC5, an accident form and pre-paid envelopes for the accident form. If `any of these are missing, the Member must immediately notify the Customer Relations Centre.
13.11 Incidents Involving the Bluecity Car
13.11.1 In the event of an accident, collision, incident or other malfunction involving a Bluecity Car, or if the Bluecity Car is stolen, vandalised or damaged, that occurs during the Rental Period (each an “ Incident ”), the Member will: (a) secure the Bluecity Car, where it is safe to do so; (b) immediately contact the Customer Relations Centre and provide the circumstances of the Incident, its known or presumed causes and the names and addresses of the persons involved and any witnesses (where applicable and known); (c) where the Bluecity Car has been stolen, vandalised or damaged, immediately report the matter to the police and send a copy of the police report to Bluecity within 48 hours of becoming aware of such Incident; (d) where requested by Bluecity , complete and send an Incident report to Bluecity within 5 days of the Incident; and (e) assist, fully co-operate with, and supply all necessary information to Bluecity and Bluecity 's insurer, including any third party appointed to act on behalf of either Bluecity or its insurer, in relation to such Incident (including any investigation, litigation or claim in relation to such Incident). 13.11.2 The Member acknowledges that the Member’s failure to report, or delay in reporting, any accident, collision, incident, theft, vandalism, damage or other malfunction involving a Bluecity Car could significantly impede any steps Bluecity would otherwise be able to take to recover the Bluecity Car and/or to remedy / minimise any damage sustained. In these circumstances, the Member will be liable to Bluecity for all losses suffered by Bluecity as a result of the Member's failure or delay in reporting the circumstances referred to in this paragraph.
13.12 Care for the Bluecity Badge
13.13 The Bluecity Badge remains at all times the property of Bluecity . The Member is responsible for keeping the Bluecity Badge safe and secure. In the event that any Bluecity Badge is lost, stolen or damaged, the Member must notify Bluecity immediately. If the Bluecity Badge is lost, or if the Bluecity Badge is damaged to the extent that a repolacement is required, the Member will be liable to pay an Additional Fee. 13.14 Bluecity may terminate or suspend any Bluecity Badge and your access to the Bluecity Service at any time where: (a) Bluecity suspects that the applicable Bluecity Badge is being used fraudulently or in breach of the Member's obligations; and/or (b) if the Member has notified Bluecity that the applicable Bluecity Badge has been lost, stolen or damaged.
We will notify you of any termination or suspension.
13.15 Upon termination of the Member's Membership, we will deactivate the Member's Bluecity Badge Following termination of the Contract for any reason, you will ensure that the Bluecity Badge is not used for any purpose. 13.16 Where the Bluecity Badge is lost during a Rental Period, meaning that the Member is unable to return the Bluecity Car, this will be treated as Abandonment.
13.17 Treatment of Bluecity personnel and other members
13.18 Bluecity staff and representatives will at all times behave politely, courteously and respectively towards you , and expect the same from you. You must not exhibit any inappropriate behaviour (for example violence, verbal and/or physical assault, threats, insults and/or intimidation) towards Bluecity staff or other representatives, nor other members. If you breach this paragraph 13.7, we will immediately terminate your Membership, and you will not be provided with a refund. If we suspect that you have committed a criminal offence, we will report all relevant facts to the police.
14. REMOVAL OF THE BLUECITY CAR FROM THE BLUECITY ZONE
14.1 Members are not authorised to remove a Bluecity Car from the Bluecity Zone.
14.2 If a Bluecity Car leaves the Bluecity Zone, a call will be placed to the Member in the Bluecity Car by the Customer Relations Centre with instructions to immediately return the car into the Bluecity Zone. You must comply with these instructions immediately, provided it is safe to do so.
14.3 If you remove a Bluecity Car from the Bluecity Zone, you must pay the associated Additional Fee.
15. TRAFFIC AND PARKING VIOLATIONS AND FINES
15.1 The Member is personally responsible for any breach of traffic and parking laws, rules and regulations when using the Bluecity Car.
15.2 The Member must pay all tickets, tolls, fines or penalties arising in connection with the Member’s use of the Bluecity Car, as follows:
(a) where a ticket, toll, fine or penalty is notified to Bluecity , Bluecity will forward details of the ticket, toll, fine or penalty to the relevant Member. The Member shall then settle such ticket, toll, fine or penalty directly with the issuing authority; and (b) where a ticket, toll, fine or penalty is notified to the Member, the Member must notify the Customer Relations Centre within 3 days of the Member's receipt of the relevant ticket, toll, fine or penalty. 15.3 The Member acknowledges and agrees that Bluecity may provide details of the Member's identity to the DVLA and any law enforcement authorities on request and / or otherwise in connection with any alleged breach of Applicable Laws by the Member. 15.4 The Member must pay Bluecity the Additional Fee specified in Schedule 1 for each ticket and fine issued to Bluecity for the Bluecity Car used the Member used during the Member's Rental Period to cover Bluecity 's reasonable administrative costs in handling receipt of such ticket and/or fine. 15.5 If the Member causes the Bluecity Car to be immobilised / clamped, or removed by breach of any Applicable Laws, you will be liable to Bluecity as if you had Abandoned the Bluecity Car and you must pay to Bluecity the Additional Fee specified in Schedule 1. The Member will also be liable to reimburse Bluecity for any fees or other any liability to the relevant parking authority or private operator of the relevant parking facility.
16. MEMBER’S FAILURE TO COMPLY WITH OBLIGATIONS
16.1 If a Member fails to comply with his / her obligations as set out in these Terms and Conditions, that Member must reimburse and compensate Bluecity for their losses, damages and interest and expenses that Bluecity suffers or incurs as a result of the Member's breach. That Member may also have his / her Membership suspended, in accordance with paragraph 18 below. We will always let you know when we suspend your Membership.
16.2 Bluecity may take legal action against any Member who fails to comply with his / her obligations under these Terms and Conditions.
17. MEMBERS RIGHTS IF THERE IS A PROBLEM WITH THE BLUECITY SERVICE
17.1 How to tell us about problems 17.1.1 If you have any questions or complaints about the Bluecity Service, please contact the Customer Relations Centre, please see the comments, issues and complaints process set out at paragraph 24. 17.2 Summary of your legal rights 17.2.1 Bluecity is under a legal duty to supply services that are in conformity with this Contract. See the box below for a summary of your key legal rights as a consumer in relation to the Bluecity Service. Nothing in these Terms and Conditions will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
In relation to the Bluecity Service, the Consumer Rights Act 2015 says:
· you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
· if you haven't agreed a price upfront, what you're asked to pay must be reasonable.
· if you haven't agreed a time upfront, it must be carried out within a reasonable time.
These Terms and Conditions describe in more detail how your rights apply in relation to the Bluecity Service and explain to you how to exercise these rights.
18. SUSPENSION FROM THE BLUECITY SERVICE
18.1 Suspension of the Bluecity Service
18.1.1 Bluecity may (at its sole discretion) suspend the Member’s access to any of the Bluecity Services where: (a) an Additional Fee becomes payable by that Member; and/or (b) the Member materially breaches the Contract. 18.1.2 Where Bluecity elects to suspend the Member’s access to any of the Bluecity Services in accordance with paragraph 18.1 above, Bluecity shall be entitled to maintain such suspension until (as applicable): (a) the Member pays the relevant Additional Fee; or (b) the Member remedies its material breach of the Contract. 18.1.3 Any suspension of a Membership in accordance with this paragraph 19 shall not have any effect on Bluecity ’s other rights and remedies, including (without limitation) any right that Bluecity may have to claim damages from the Member, or to terminate the Contract / that Member’s Membership. In addition, any suspension of a Membership in accordance with this paragraph 19 shall not absolve the Member of any obligation to make any payment to Bluecity that is due, and the Member shall not be entitled to a refund of any portion of the Membership Fee in respect of any period of suspension. 18.1.4 We will always let you know when we suspend your Membership.
19. CANCELLATION OF THE CONTRACT / MEMBERSHIP – CONSUMERS ONLY
19.1 If the Member is a consumer, rather than a business Member, the Member has the right to cancel their Membership and the Contract within 14 days of entering into the Contract, without needing to give a reason ("Cooling-off Period"). The Cooling-off Period will expire 14 days after the effective date of this Contract (i.e. 14 days after the Membership Date).
19.2 Please note if the Member chooses a deferred Activation Date (i.e. a date to start using the Bluecity Service which is later than the Membership Date), the Cooling-off Period will still begin from the Membership Date and expire 14 days after the Membership Date. The cooling-off (cancellation) period is not deferred or extended by choosing a deferred Activation Date. Therefore, if you choose a deferred Activation Date that is 14 or more days after your Membership Date, you will not have the right to cancel (for any reason) once your service has been activated. This does not affect your rights if we do not provide the Bluecity Service in accordance with the requirements of these Terms.
19.3 To exercise the Member's right to cancel, the Member must notify Bluecity of the Member's decision to cancel the Member's Membership and this Contract by a clear statement sent to us via the contact form on the Bluecity Website or by post to the addresses given in paragraph 26.2 before the Cooling-off Period has expired. The Member may use the cancellation form set out in Schedule 2, but this is not obligatory. This is in addition to the Member's general right to terminate the Member's Membership and this Contract under paragraph 21.2 at any time.
19.4 Where the Member has used a Bluecity Car, but has cancelled the Contract using the Member's right to cancel as a consumer under paragraph 20.1, the Member shall be liable for any Rental Fees incurred.
If the Member cancels the Member's Membership and this Contract in accordance with 21.1, Bluecity will return all paid instalments of the Membership Fee and all other payments received from the Member within 14 days after the day on which Bluecity was notified about the Member's decision to cancel the Membership and this Contract, unless the Member has made an express request to use the Bluecity Service by reserving or using a Bluecity Car within that 14 day Cooling-off Period, in which case the Member will be charged any Fees accrued in accordance with these Terms and Conditions. Any reimbursements will be made to the bank account that you have registered with us, against which we have a direct debit instruction. Such refunds will only be made to the individual who made the original purchase. If there is any ambiguity, we reserve the right to request proof of identity.
19.5 If the Member does not cancel the Contract within the Cooling-off Period
If the Member does not cancel his / her Membership and the Contract in accordance with this paragraph 20.1, the Contract shall remain binding on the Member, all instalments of the Membership Fee paid by the Member shall be non-refundable and the Member may only terminate his / her Membership and the Contract in accordance with paragraph 21 below.
20. RENEWAL AND TERMINATION OF THE CONTRACT / MEMBERSHIP
20.1 Contract Renewal
Your Membership Period lasts for twelve (12) months from the Activation Date and will renew automatically for further twelve (12) month periods from each Renewal Date unless you notify the Customer Relations Centre in writing no less than thirty (30) days in advance of the Renewal Date that you do not wish to renew your Membership (unless either we or you have terminated in accordance with these Terms and Conditions). If you do not notify the Customer Relations Centre of your intention not to renew your Membership within the required timeframe, your Membership will automatically renew until otherwise terminated by you or us in accordance with the Contract. Unless you do not renew your Membership in accordance with this paragraph, a new Membership Fee will become due on the Renewal Date. 20.2 Bluecity ’s Right to Terminate 20.2.1 Bluecity may terminate the Member's Membership and the Contract with immediate effect by giving the Member written notice by email: (a) where an Additional Fee becomes payable and in any of the circumstances set out in Schedule 1; (b) if the Member does not pay any Fees within 30 days of receipt of a formal notice sent to the Member by Bluecity informing the Member that such Fees are outstanding. Bluecity may send this notice to the Member Email Address, by text message or by an alert in the Member Area. Any termination under this paragraph 21.1.1(b) does not affect Bluecity ’s right to charge the Member interest on any outstanding amounts, as set out in paragraph 11.3 above; (c) if the Member materially breaches any term or condition in the Contract. However, where it is possible for the Member to remedy the breach, we will give you notice of this and allow you at least seven (7) days to complete the remedy before exercising our right to terminate; (d) if the Member is involved in an incident (including any Incident) involving a Bluecity Car that leads Bluecity to reasonably conclude that the Member is not suitable for continuing Membership; (e) if the Member engages in any activity or conduct that Bluecity , in its reasonable opinion, determines to be inappropriate, negligent, unacceptable, offensive or abusive; (f) the Member ceases to fulfil any of the Eligibility Criteria; (g) the Member intentionally or recklessly makes any false or misleading statement to Bluecity ; (h) the Member permits any other person (other than a Bluecity representative) to drive a Bluecity Car during their Rental Period, or discloses their PIN and/or shares their Bluecity Badge to allow a third party to do so. 20.2.2 Bluecity may also, at its discretion, “suspend” the Member from taking out a new Contract for the Bluecity Service (or refuse to accept an application for Membership) for a period of time following termination of this Contract. Please refer to Schedule 1 for further details on this.
20.3 Member’s Request to Terminate
Bluecity may, at its sole discretion, permit a Member to terminate his / her Membership and the Contract where: (i) that Member previously was, at the Activation Date, resident in the Bluecity Zone, (ii) that Member has subsequently become resident outside the Bluecity Zone, and (iii) the Member’s continued Membership is causing significant hardship to the Member. Any termination permitted by Bluecity under this paragraph 21.2 will not be effective until: (a) any ongoing Rental Period ends; and (b) any reservation for a Bluecity Car or Bluecity Parking Space is cancelled, expires or has been completed. If you would like to apply to terminate your Membership in accordance with this paragraph, please contact the Customer Relations Centre, and a representative will be able to discuss your request.
20.4 Automatic Termination
The Member's Membership and the Contract will automatically terminate if that Member’s pre-authorisation for the Security Deposit is released or fails for any reason.
20.5 Member’s Right to Terminate
20.5.1 In the event that Bluecity is in material breach of the Contract or Bluecity is not able to provide the Bluecity Service to you due to an event beyond Bluecity ’s control, the Member is entitled to terminate its Membership and the Contract by giving Bluecity written notice. However, to manage the effects of this termination practically, no termination can take effect until: (a) any ongoing Rental Period ends; and (b) any reservation for a Bluecity Car or Bluecity Parking Space is cancelled, expires or has been completed.
20.6 Consequences of Termination
20.6.1 On termination of the Membership and the Contract for any reason: (a) the Member's right to use the Bluecity Service shall immediately terminate; (b) the Bluecity Badge will be deactivated and will no longer allow access to Bluecity Cars or Charge Points; and (c) the Member must immediately pay to Bluecity all Fees due. Following termination of the Contract for any reason, you will ensure that the Bluecity Badge is not used for any purpose.
21.1 Insurance Cover
When a Member is driving a Bluecity Car, that Member will be covered by the Insurance Cover subject to the scope and limitations described in this paragraph 21 and in Schedule 3 to these Terms and Conditions.
21.2 Scope of Insurance Cover
In order to benefit from the Insurance Cover, a Member must comply with: (a) the terms of the Contract, including (without limitation) in relation to the Member’s conduct and fitness to drive; (b) the terms and conditions of the Insurance Cover, as summarised in Schedule 3 to these Terms and Conditions.
21.3 Payment of Excess
The Member’s attention is particularly drawn to provisions of the Insurance Cover regarding excess payments. This means that the Member will be liable to meet a certain amount of most claims under the Insurance Cover .
21.4 Quality and Level of the Insurance Cover
21.4.1 Bluecity warrants that the Insurance Cover provides at least the minimum standard of insurance cover required by law to permit the Member to drive a Bluecity Car on the public highway in the Bluecity Zone strictly in accordance with the terms of the Contract. This means that, subject to the exclusions and more detailed terms set out in Schedule 3, the Insurance Cover insures the Member against liability to a third party caused by or arising from the Member's use of a Bluecity Car on the public highway in accordance with the terms of the Contract, in respect of death, personal injury and/or damage to property suffered by such third party. 21.4.2 Subject to paragraph 22.4.1 above, Bluecity does not warrant or represent that the Insurance Cover is comprehensive or sufficient to meet the Member’s needs. It is the Member’s responsibility to read and understand the nature and limitations of the Insurance Cover (including any action that the Member must take in order to make a claim under the Insurance Cover), and, if desired, to obtain additional insurance cover from a third party. 21.4.3 The Member acknowledges that he / she has read and understood the summary of the Insurance Cover provided in Schedule 3, including the limits and exclusions of such Insurance Cover (including any action that the Member must take in order to make a claim under the Insurance Cover), and applicable excesses and exceptions to the Insurance Cover. The Member acknowledges and understands that the Insurance Cover may not cover (or fully cover) the Member's liability to Bluecity or to a third party, including for damage to the Bluecity Car, injury to the Member, injury to other people, and / or damage or loss of Member Property or a third party's property, and that despite the Insurance Cover the Member may be liable directly to Bluecity and/or any third party to whom it has caused damage, injury or loss through its use of the Bluecity Service.
21.5 Your Liability to Bluecity for damage to the Bluecity Car
21.5.1 The Member acknowledges that the availability to the Member or any third party (including any passenger in a Bluecity Car operated by the Member) of a claim under the Insurance Cover does not affect Bluecity ’s entitlement to bring a claim against that Member in respect of damage caused by the Member resulting from a breach of this Contract, the insurance documentation referred to in this paragraph 21 , and/or Applicable Laws, except as set out in this paragraph 21.5. 21.5.2 Bluecity self-insures for the value of each Bluecity Car. This means that, subject to payment by the Member of the Damage Charges referred to in paragraph 21.5.3 below , Bluecity will not bring a claim against the Member for any loss that Bluecity suffers as a result of damage to the Bluecity Car arising out of a road traffic accident during a Rental Period, except in the circumstances set out in paragraph 21.5.4 below. 21.5.3 Where during a Rental Period the Bluecity Car is damaged (including but not limited to in a road traffic collision), and it is determined by the Insurer that the Member was wholly or partially at fault for such damage, the Member shall pay to Bluecity the relevant Damage Charge. The amount of the Damage Charge will depend on the number of Damage Charges paid by the Member during their Membership and any previous Membership. 21.5.4 The circumstances referred to in paragraph 21.5.3 ( in which Bluecity may bring a claim against the Member for any loss that Bluecity suffers as a result of damage to the Bluecity Car arising during a Rental Period ) are where the damage arose as a result of or in connection with any: (a) breach by the Member of the Contract; (b) unlawful activity undertaken by the Member; (c) misrepresentation by the Member (either to Bluecity or in any accident report, insurance claim or police report); (d) improper use of the Bluecity Car (e.g. transport of flammable materials or explosives or use of the Bluecity Car as a taxi); (e) wilful damage; (f) use of a Bluecity Car other than by a Member; (g) failure to lock the doors and boot of the Bluecity Car when it is unattended.
22. BLUECITY 'S LIABILITY
22.1 Bluecity will be liable for foreseeable losses that it causes If Bluecity fails to comply with these terms, Bluecity is only responsible for loss or damage a Member suffers that is a foreseeable result of Bluecity breaking this contract or failing to use reasonable care and skill, but Bluecity is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Bluecity and the Member knew it might happen, for example, if the Member discussed it with Bluecity during the Membership Application Process. Please see paragraph 18.2 for the level of service you can expect from Bluecity . 22.2 Business Loses The Bluecity Service is only provided for domestic and private use. If Members use the Bluecity Service for any commercial, business or re-sale purpose Bluecity will have no liability to that Member for any loss of profit, loss of business, business interruption, depletion of goodwill, loss of business opportunity or for any indirect or consequential losses. 22.3 No Guarantee of Availability of the Bluecity Service
While Bluecity uses its reasonable endeavours to make the Bluecity Service available, the 24/7 availability of the Bluecity Service is not guaranteed. Because the Bluecity Service is self-service operation, Bluecity shall not be liable if:
(a) a Bluecity Car or Bluecity Parking Space is unavailable at any particular location; or (b) Bluecity is incapable of honouring a reservation for a Bluecity Car or Bluecity Parking Space in the event of an occurrence outside of Bluecity ’s control, such as another Member failing to return a Bluecity Car at the end of their reservation or the parking or standing by an unauthorised person in the Bluecity Parking Space at the time reserved. 22.4 Right to Suspend Bluecity Service
If, for any reason, a Bluecity Service is Completely Unavailable for a period of more than 5 days, yearly and monthly Member's sole remedy shall be Bluecity 's extension of the applicable Membership for an equivalent number of days that the Bluecity Service was Completely Unavailable. For daily and weekly members if the Bluecity Service which is the subject of the Membership is Completely Unavailable for more than 50% of the Membership time period, the Member's sole remedy shall be Bluecity 's refund of all paid instalments of the Membership Fee. “ Completely Unavailable ” means the Bluecity Service is completely unavailable for use (though does not include unavailability of a Bluecity Car or Bluecity Parking Space at a particular location).
22.5 Exclusion of Certain Types of Loss 22.5.1 Subject to paragraph 23.8, Bluecity shall not be liable to Members for: (a) any loss of, or damage to, a Member’s personal property whether during or after using the Bluecity Service, or to any other goods in or on a Bluecity Car, unless such loss or damage is caused by our negligence or if we have breached this contract or failed to use reasonable care and skill; or (b) the unavailability of a Bluecity Car because it has not been returned by another Member or unavailability of a Bluecity Parking Space because it has already been occupied by another Member or a third party (unless we have caused such unavailability by our negligence, such as by failing to implement a reservation that a Member has made). 22.6 Events Outside of Bluecity ’s Control 22.6.1 Bluecity shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by: (a) an event outside of Bluecity ’s control, provided that we take reasonable steps to prevent or minimise delay. These types of events could include (amongst others) strikes or other industrial action by third parties, civil commotion, riot, terrorist attack or threat of terrorist attack, war (whether declared or not), fire, explosion, storm, flood, earthquake, or other natural disaster, failure of or interruption to public or private telecommunications networks that Bluecity does not control, the impact of computer viruses which do not result from Bluecity ’s negligence, failure or disruption to GPS satellites, signal failures, inability to provide GPS signal to the Bluecity Car due to the geographical location of the Bluecity Car or the implementation of government legislation limiting the transmission of radio-frequency signal, or (b) planned maintenance works or the reinforcement, upgrade or extension of Bluecity ’s network facilities or the Bluecity Service. Where possible, Bluecity will give Members as much notice of these works as reasonably possible by posting details of such works on the Bluecity Website. 22.7 Bluecity ’s Maximum Liability to Members 22.7.1 Bluecity ’s liability to a Member shall not be limited if Bluecity has failed to provide the Bluecity Service to such Member with reasonable skill and care or within a reasonable time of entering into this contract. 22.7.2 In circumstances which fall outside of those described at paragraph 23.7.1, and subject to paragraph 23.8, Bluecity ’s total liability to a Member in respect of all other losses arising in connection with this contract shall be limited to £20,000. This means that the most a Member could claim from Bluecity for losses incurred by that Member in these circumstances would be £20,000. 22.8 General 22.8.1 Nothing in this contract shall limit or exclude our liability to a Member for: 22.8.2 death or personal injury caused by Bluecity ’s negligence; 22.8.3 fraud or fraudulent misrepresentation; or 22.8.4 any other liability which cannot be limited or excluded by applicable law.
23. PERSONAL DATA
23.1 As a Member, Bluecity will collect and hold certain personal information about you and your use of the Bluecity Service. Bluecity is committed to complying with its legal obligations in the manner in which it holds and uses your personal information.
24. APPLICABLE LAW; COMMENTS, ISSUES AND COMPLAINTS
24.1 The Contract is governed by English law. If you bring legal proceedings before a court in respect of any aspect of this Contract, you may only do so in the English courts. 24.2 If you would like to give us any comments or raise any issues in relation to this Contract and/or services provided by Bluecity , please contact the Customer Relations Centre. 24.3 If you would like to raise any complaint about any aspect of the services provided by Bluecity : (a) in the first instance, please raise any comments or complaints with the Customer Relations Centre, who will do their best to resolve the issues behind your complaint as quickly as possible; (b) if you are not happy with how the Customer Relations Centre has handled any complaint, or how your complaint was resolved, you are entitled to request that we escalate your complaint within our organisation; (c) if you remain unhappy with the resolution to your complaint, we recommend that you commence an alternative dispute resolution process. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We subscribe to an ADR scheme operated by the Centre for Effective Dispute Resolution (" CEDR "). If you do not feel that we have resolved your complaint, you can contact CEDR by telephone at +44 (0)20 7536 6000. Raising a complaint with CEDR will frequently be a more cost effective way to resolve a dispute than going to court; or (d) if you would prefer, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform ( http://ec.europa.eu/consumers/odr/ ).
25.1 Contact between you and us
(A) Us contacting you. In most circumstances, if we need to contact you for any reason, we will do so by leaving a message in your personal area of the Bluecity Website. This will automatically generate an email to your nominated email address, informing you that you have a new message. You must check your personal area of the Bluecity Website frequently. Any notices or communication required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered to you in this way.
In some circumstances, we may provide information by other means: for example, when you have successfully returned a Bluecity Car, we will notify you by SMS text message or, if we do not have your SMS text message contact details, by email.
(B) You contacting us. If you need to contact us for any reason, in the first instance you should contact the Customer Relations Centre using the details set out below. Any notices or formal communication required or permitted to be given to us (for example, if you would like to cancel your Membership) must be in writing, and shall be sufficiently given if sent to the Customer Relations Centre via your personal area of the Bluecity Website.
(b) You can also contact the Customer Relations Centre using any of the following options:
(A) through the contact form on the Bluecity Website;
(B) by using the SOS Button in the Bluecity Car;
(C) by telephone: +44 ( 0)203 695 0500 ;
(D) by post to: 5 Cavendish Square, London W1G 0PG.
You must notify us immediately if any of your contact details change. You can do this via your personal area on the Bluecity Website.
26. GENERAL TERMS
26.1 The Member acknowledges and agrees that ownership of the Bluecity Cars, Bluecity Car Accessories and Bluecity Car Documentation remains with Bluecity at all times. 26.2 Nothing in this Contract is intended to, or shall be deemed to establish any partnership, agency or joint venture between the Member and Bluecity . 26.3 Only the Member and Bluecity have rights under this Contract. No other person shall have any rights under this Contract. The Member may not transfer or assign any of the Member's rights or obligations under this Contract to any other person unless Bluecity agrees to this in writing before any such transfer. However, Bluecity may transfer its rights and obligations under this Contract to another organisation at any time. Bluecity will notify you if it plans to do this. If you are unhappy with the transfer you may contact the Customer Relations Centre to end the Contract within thirty (30) days of receiving such notification. 26.4 The rights and remedies provided in this Contract are in addition to, and not exclusive of, any rights or remedies provided by law. 26.5 If Bluecity does not insist immediately that you do anything you are required to do under these terms, or if Bluecity delays in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent Bluecity from taking steps against you at a later date. For example, if you miss a payment and Bluecity does not chase you but Bluecity continues to provide the Bluecity Service, Bluecity can still require you to make the payment at a later date. 26.6 The Paragraph headings in these Terms and Conditions are included for convenience only and shall not affect the interpretation of these Terms and Conditions. 26.7 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them (or any part of any of them) are unlawful, the remaining provisions will remain in full force and effect. 26.8 The Member agrees that the Member shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Contract. 26.9 Nothing in this Contract shall limit or exclude any liability for fraud.
Note: All fees are in UK Pounds Sterling (£ / GBP), and are inclusive of VAT.
Membership Fee (annual)
(payable in monthly instalments)
Security Deposit (pre-authorisation only)
Rental Fee (per hour)
Minimum Rental Fee per rental
Charge per occurrence
The Member makes a reservation for a Bluecity Car
Having made a reservation for a Bluecity Car, the Member fails to collect that Bluecity Car or cancel the reservation within the reserved period
The Member makes a reservation for a Bluecity Parking Space
Having made a reservation for a Bluecity Parking Space, the Member does not return a Bluecity Car to the reserved Bluecity Parking Space or cancel the reservation within the reserved period
The Bluecity Badge is lost or damaged to the extent that it requires replacement
First loss / replacement: 0.00
Second loss / replacement: 5.00
Subsequent losses / replacements: 12.00 per loss / replacement
Abandonment of a Bluecity Car
Improper return of a Bluecity Car*
* If you do not return a Bluecity Car correctly, and the Rental Period does not therefore end, you will also continue to be charged Rental Fees, up to a maximum of £500 for that Rental Period.
Failure to return the E27R emergency warning triangle and/or safety vest at the end of the Rental Period
The Bluecity Car is immobilised due to the loss of battery life
Parking in a Bluecity Parking Space reserved by another Member
Failure to stay with a broken down Bluecity Car until the repair services arrive (where there are no injuries and it is safe to do so)
Failure to report an Incident to Bluecity
Failure to send an Incident report to Bluecity within 5 days of the Incident (where the Member has no reasonable excuse)
We deliver a paper copy invoice to you
Cancellation or expiry of the credit card used to pay the Security Deposit (without a replacement being provided in advance of such cancellation or expiry)
Attempt to withdraw any monies by direct debit returned unpaid
Direct debit cancelled (without a replacement being provided in advance of such cancellation)
Bluecity Car is impounded as a result of any breach of law by the Member
The Bluecity Car is returned dirty at the end of the Rental Period.
A Penalty Charge Notice, fine or ticket (parking, driving, etc.) is issued to the Bluecity Car during the Rental Period.
- Leaving the Bluecity zone 375
Notwithstanding the Penalty, You shall also be liable for the applicable towing fees.
- Using the Bluecity service with an invalid driving licence : Your Membership shall be cancelled immediately, and You shall not be permitted to re-subscribe to the Bluecity service for a period of 12 months from the date of the cancelled membership.
In addition to the above, You shall also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with Applicable Laws.
- Using the Bluecity service while under
the influence of drugs or alcohol 230
( Notwithstanding the Penalty, Your Membership shall be cancelled immediately, and You shall not be permitted to re-subscribe to the Bluecity service for a period of 12 months from the date of the cancelled membership.
In addition to the above, You shall also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with Applicable Laws.)
- Material omission or incorrect
information given by the Member
during the Membership application process 75
(Notwithstanding the Penalty, Your Membership shall be cancelled immediately, and You shall not be permitted to re-subscribe to the Bluecity service for a period of 6 months from the date of the cancelled membership.)
- Failure to cooperate with Bluecity’s requests for information or assistance or failure to respond to repeated requests for information from Bluecity : Suspension or cancellation of Bluecity Membership at Bluecity’s discretion.
- Threats, insults, violence, or profanity, directed at Bluecity personnel : Suspension or cancellation of Bluecity Membership at Bluecity’s discretion.
In addition to the above, Bluecity reserves the right to commence legal proceedings against You.
- Usage of Bluecity Car by another
person than the member, observed
by Bluecity’s personnel or relevant authorities 75
Notwithstanding the penalty, Your Membership shall be cancelled immediately, except in a case where Your Accepted Card and/or PIN was stolen and only if Bluecity has been notified and provided with a copy of a police report that You filed.
For the avoidance of doubt, You shall not be permitted to re-subscribe to the Bluecity Service for a period of 6 months from the date of the cancellation of membership.
(Please complete and send this form to the Customer Relations Centre only if the Member wishes to cancel the Member's Membership and the Contract).
For the attention of:
Bluecity (UK) Ltd
In accordance with my rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, I give notice that I cancel my Membership and the Contract for access to and use of the Bluecity Service.
- Membership Date / effective date of the Contract:
- Name of Member:
- Address of Member:
- Today's date:
Signature of Member:
This Schedule summarises the Insurance Cover, which may reimburse you or any person (the third party) for damage as a result of an accident or incident involving a Bluecity Car.
You should also read paragraph 21.5, which summarises your liability to pay Bluecity for damage to the Bluecity Car, which will apply in certain circumstances. Paragraph 21 also explains that the Insurance Cover is limited and subject to excesses.
The details in this Schedule 3 is a summary and do not form part of any contract of insurance between the Member and the Insurer, and are subject to the terms of the Insurance policy.
YOU MUST READ THIS SCHEDULE, AS IT SUMMARISES THE INSURANCE COVER APPLICABLE TO YOU WHEN YOU DRIVE A BLUECITY CAR.
You should read this Schedule 3 in conjunction with paragraphs 9 (Getting Help), 13 (Member’s Obligations), 21 (Insurance) and 22 ( Bluecity ’s Liability) of the Terms and Conditions.
1. WHAT IS INCLUDED IN THE INSURANCE COVER?
1.1 PROTECTION FOR PERSONAL INJURY OF A THIRD PARTY IN THE EVENT OF AN ACCIDENT /INCIDENT INVOLVING THE BLUECITY CAR
Unlimited in respect of death or personal injury to a third party
1.1.1 How does this cover work?
The Insurer will cover Member’s liability for personal injuries or death to a third party and caused by an accident in which the Member is found liable in law.
1.1.2 What is covered?
Any person including a passenger in the Bluecity Car and caused by or arose from the use by the Member of the Bluecity Car on a road or other public place.
1.1.3 Are there any significant exclusions in relation to a claim by a Member?
Insurers will not reimburse the Member’s where, for example, at the time of the accident, the Member was:
· not legally allowed to drive the Bluecity Car (for example, because he/she did not hold a valid driver’s licence, or because they were under the influence of alcohol or non-prescribed drugs);
· participating as a competitor in trials, races, or competitions;
· failing to use the Bluecity Car in a safe manner and to comply with the law;
· use of a Bluecity Car other than by the Member;
· representing or admitting liability without the insurers consent
· failure to cooperate with Bluecity / insurers in handling a claim
· committing any deliberate or intentional criminal act
1.1.4 Is an excess payable?
No excess is payable under this provision.
1.2 PROTECTION IN THE EVENT OF DAMAGE TO THIRD PARTY PROPERTY OR THEFT AND FIRE TO THE BLUECITY CAR
Damage to third party property £50 million
First claim: £150
Each subsequent claim: £300
1.2.1 How does this cover work?
This relates to damage to third party property in which the liability was caused by or arose out of the use by the Member of the Bluecity Car on a road or other public place but excludes damage to the Bluecity Car. Paragraph 21.5 of the Terms and Conditions summarises your potential liability to pay Bluecity for damage to the Bluecity Car, which will apply in certain circumstances.
1.2.2 Are there any significant exclusions in making a claim under the insurance policy in relation to damage to Third Party Property, Theft or Fire to the Bluecity Car?
The Insurer will not reimburse for any losses as a result of:
· wilful misrepresentation by the Member;
· transporting flammable materials;
· failure to use the Bluecity Car in a safe manner and comply with the law;
· leaving precious goods in the Bluecity Car;
· wilful damage;
· use of a Bluecity Car other than by a Member;
· failure to notify Insurers immediately in writing of any accidents, claims or any court proceedings received;
· representing or admitting liability without the insurers consent;
· failure to submit a written accident report to the Police;
· failure to lock the doors and boot of the Bluecity Car when it is unattended;
· driving the Bluecity Car without a valid licence;
· failure to cooperate with Bluecity / insurers in handling a claim
· committing any deliberate or intentional criminal act
1.2.3 Is an excess payable?
In the event of an accident for which the Member is partly or fully responsible, and where the Member has not made a previous claim under the Insurance policy, the Member must pay the first £150 of any claim made.
In the event of an accident for which the Member is partly or fully responsible, and where the Member has made a previous claim under the Insurance Cover, the Member must pay the first £300 of any claim made.
2. GENERAL TERMS
2.1 AUTHORISATION TO BRING CLAIMS
Where you may have a legal claim against a third party due to losses incurred that have been reimbursed by the Insurance Cover, you must authorise the Insurer to bring and conduct this claim on your behalf. This is called subrogation.
2.2 WHAT IF I HAVE ANOTHER INSURANCE POLICY?
If you have an insurance policy of your own that covers losses which are also covered under the Insurance Cover, you must claim under your own insurance policy first. You will only be entitled to claim under the Blue City cover for sums which you are unable to recover under your own insurance policy or from other sources or claims you are entitled to make.`
2.3 SIGNIFICANT EXCLUSIONS FROM ALL POLICIES
You should read the Terms and Conditions in conjunction with this Schedule.
· the Insurance Cover may not reimburse you for all damage / loss that you suffer as a result of an accident involving a Bluecity Car and/or your use of the Bluecity Service; and
· the Insurance Cover will not reimburse you for any loss you sustain as a result of damage to any items being transported in the Bluecity Car.